Children's Internet Protection Act (CIPA) was signed into law on December 21, 2000

3CIPA History

Philosophy of the law

CIPA seeks to protect children (and adults) using school and public library Internet computers from visual depictions that are

Obscene

Child Pornography

Harmful to minors

4CIPA History

Requirements of the law?

Through the application of technology protection measures (filters) on all Internet access computers

Internet filters could be disabled for adults doing bona fide research or other lawful purpose

CIPA requires that Internet workstations must be monitored in schools (not libraries)

Development of an Internet Safety Policy (NCIPA)

Public Meeting

5CIPA History

May 31, 2002

The U.S. District Court for the Eastern Division of Pennsylvania

The Childrens Internet Protection Act was declared facially unconstitutional (in the Courts opinion the law cannot be applied in a constitutional manner).

6CIPA History

The District Court decision changed the requirements of CIPA by suspending the technology protection measure for public libraries but not for schools

CIPA still in affect for schools (in its entirety)

7CIPA History

The U.S. Supreme Court (June 23, 2003)

In a plurality decision reversed the District Court ruling that the law is facially constitutional -- it can be applied in a constitutional manner

8CIPA History

The U.S. Supreme Court decision (June 23, 2003)

A key factor in the ruling was that filters could be disabled without significant delay to adult library patrons and without the need for the patron to provide a reason for the request to disable.

9CIPA History

The U.S. Supreme Court decision (June 23, 2003)

Ruling assumes that it is relatively easy for staff to unblock sites upon patron request

The Supreme Court ruling broadened the original CIPA law so that a reason does not need to be stated for removing the filter

10CIPA History

The Federal Communications Commission is the government agency that oversees Erate.

In August, it published revised Administrative Rules for the implementation of CIPA for Erate to reflect the U.S. Supreme Court Decision (http//hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-188A1.pdf)

11CIPA History

The Federal Communications Commission

Libraries not currently in compliance with CIPA have until July 1, 2004 to come into compliance with the law if seeking discounts for Internet access or internal connections

Ruling does not apply to telecommunications discounts

12CIPA History

The Federal Communications Commission

If seeking discounts in these areas for funding year 2003 (July 1, 2003-June 30, 2004) applicant must certify it is either fully CIPA compliant or that it is undertaking actions to become CIPA compliant by July 1, 2004.

13CIPA History

The Institute of Museum and Library Services (IMLS) is the government agency that oversees the Library Services and Technology Act (LSTA)

IMLS issued updated guidance to the State Library Administrative Agencies (SLAs) to reflect the U.S. Supreme Court Decision as it relates to LSTA (http//www.imls.gov/whatsnew/leg/protection_act.htm)

14CIPA History

IMLS's State Grants Program

Washington State Library is the State Library Administrative Agency for Washington

SLAs must assure that no LSTA funds will be made available for public libraries or public school libraries, that do not receive E-rate discounts, to purchase computers to access the Internet or to pay for the direct costs associated with accessing the Internet, unless the library has certified that it has an Internet safety policy.

15CIPA History

IMLS's State Grants Program

IMLS provides federal funding to each state and territory to support the development of library services.

The State Library Administrative Agencies use these federal funds for a wide range of purposes, by supporting statewide projects and by making sub-grants to individual libraries.

16CIPA History

IMLS's State Grants Program

Libraries that receive Erate discounts do not have to provide an additional certification under IMLSs Library State Grants Program.

17CIPA History

IMLS's State Grants Program

To receive Program Year 2003 LSTA funds, a public elementary or secondary school library must certify compliance with CIPA or seek a waiver of the requirements

Public libraries do not need to certify compliance for the LSTA 2003 Program Year (October 1, 2002 September 30, 2003)

If state or local procurement rules or regulations or competitive bidding requirements prevent compliance.

18CIPA History

IMLS's State Grants Program

In order to receive Program Year 2004 LSTA funds, a public library must certify that it is either in compliance with CIPAs Internet safety requirements or undertaking efforts to comply by the following year.

The 2004 LSTA Program Year runs October 1, 2003 September 30, 2004

19CIPA History

IMLS's State Grants Program

In order to receive Program Year 2005 LSTA funds, a public library must certify that it is CIPA compliant in order to receive LSTA funds to purchase computers to access the Internet or to pay for the direct costs associated with accessing the Internet

The 2004 LSTA Program Year runs October 1, 2004 September 30, 2005

20CIPA History

Neighborhood Childrens Internet Protection Act (NCIPA)

21CIPA History

Neighborhood Childrens Internet Protection Act (NCIPA)

Libraries are required to adopt and implement an Acceptable Use Policy that addresses

(1) access by minors to inappropriate material on the Internet

(2) the safety and security of minors when using electronic communications

Requires a public meeting in the development of the Internet safety policy

NCIPA has been in effect even while CIPA was suspended

24Brought to you by

This presentation is funded in part by federal Library Service and Technology Act fund (LSTA) provided through the Institute of Museum and Library Services and administered by the Washington State Library.